New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-15
STILL NO JURY OBTAINED.
TENTH DAY OF TIE CLEARY CASE.

01lAA NO OI4 W. 800 ~~~>'
TENTH DAY OF TIE CLEARY CASE.
Wary WORK DIVERSIFIED WITH POETRY AND
DISCUSSION.
Ors AZ the talesmen summoned for qualification as
Anror in the Cleary case, who is too dmdent nno
vodes to permit his to be given to an admrine
,,orld composed beautiful epic poem yesterday az
Ia contemplated tho defendants bowed head and
gloomy face. The poem was short but it told con
s;derable tale. BE handed it TO THE TRIBUNE re-
porter saying that 1t was little thing OF hs own.
Il read az follows:
Thomas Cleary
Jaundiced is his liver. =
He'll soon, spose,
BE washing clothes -
Up the Hudson River. y
Tho gifted author of these lines was sfteIw. ara
called to the stand and asked he could decide ins
Wh;ch he feared might influence his judgment. -,
This was the tenth day and the third Monday OF Inc
Cleary trial and it closed without eanpteJ them
1ves snnarently much refreshed by the rest OF the
last two DAYS The Judge bad improved the interval
Il made him look younger The h9 M R YarMa
Dougherty, who is deeply imbued with New ork
greatness and Cleays innocence aa face il pensev
svmpathetc Its expression changes with every CIR
cu,nsrance that affects the case.
the class OF talesmen drawn yesterday was gooo.
Il h.s materially improved since public attention was
drawn to the human stuff at first dumped from Com:
missioner Reys wheel This may DC chance , put nnt
II illustration OF CAUSE anu enec, IL @ou" NV
" The challenge was with the defence. Chair No.
vas vacant on their sixteenth perempt0ry Dismissal
Peter W. Mclndoe book binder at No; % Laiay,
cite place accepted to fill it, lie looks wei ana
passed good examination Mr. vincent eSeaSt ;"ror rS
minded and conscientious 10 his place Jonas
C. H. Upper Crate dealer at No. 2O6 Wesst. was
taken He, too, was tar above the average juror IN
I'd dcha
Only three more challenges were now lett to the
defendant ana he turned The hssS 0y Juror II
ner the occupant OF the fifth seat bernard y. camp
bells examination showed how differently man can
stances TO Mr. Nicol Mr.. Campbell said that he had
IA little doubt " to his ability to discharge nus
present impression from his mind Two nm had
no doubt This circumstance preJudiced him ID 1ne
courts eyes and he was excused. When Mi. Hicoh
asked Louis Grolle. whose Euglsh was trihe de-
fecye whether he thought he could understand every
word that might be said TO him by learned counsel IN
SIX hours speech. the Judge smngly interrupted 10
cay that the witness must not DO ntimdated ny sum
threat. Mr.. Grolle got off,
Juror Frank Aliens admission that, assuming the
evidence in Clearys TO be the same as that pre-
sented in the case OF ONe he should go into the box
believing the defendant guilty, gave rise to breezy
dispute .,..u....,.o. vonr uonorr said MI.
Nicoll - we don't want the witness in the box
You've go. several others of the same kind now IN
the box" Mr. Skater cried out. -. aid Tho oou,,
81 don't believe that, Mr. Shafer said the court ,
"wll your Honor let me ask the question OF each
aYou had the fullest liberty of examination, sir
and could have asked that or any other competent
question in regular proceeding" the Judge replied.
All want" retored NJ. Skater. is to give Cleary
Having exhausted seventeen peremptory chal-
lengcs," said the court, "you are in far way 10
save have used number of challenges, but not as
the prosecution has, your Honor Because Cleary is
an Irishman. they have driven every drop OF lrlsh
blood out of the box p Mr.. Shaier drew on his capa-
cious lungs he hurled this jayelin at Mr. NicoL
"That Is entirely untrue the Assistant District
iS Tey rs am in the
habit OF making statements know TO be untrue
he said, "DOr Of having people tell me do make
The learned counsel's remark was improper said
20 think, and I hope TIE TRIBUNE will make
note Of it," and Mr.. Shafer smiled and bowed, aud
accepted Nj. Nicolls assurances that the offensive
remark was used in Piekwickian sense, ,-.
Michael E. Gillen spoiled his chances OF becoming
Juror by utterly declining to take helaw from the
Judge John s. McGeOrge OF No. 1850 Madison
ave. broEer passed an excellent eIam h ona nn
allow himself to be driven into the pits arranged f0r
him, Mr.. Shaier got angry and sat down IN hun
Ask him if public clamor would affect him. wlis-
pered Mr.. Vincent. "' Public cIamor = the senior
counsel ironically exclaimed in loud undertone;
Gall h wouldn't affect him. Then, rising, he con-
tnued to the witness, Ny friend ADVISES 10 ask
you public clamOr would affect you"
No. sir" said Mr.. McGe0rge.
The court overru1ed Mr.. Skaters challenge and Mr.:
McGeorge took the fifth seat. Mr. Ncol excused
Juror Marks the tenth man. OF the original twelve
There only two OF the first twelve lett. These
are Mr.. kopier No. ., chosen the FIRST day OF the
case, aud Mr. Curry No. II.
Alphonse Kahn, of No. Livingston plac,, fire
insurance agent and frsclass man took the vacant
chair, and the State announced itself content lie
defence promptly challenged Juror McGeorge and
court adjourned before his successor Was chosen.
When an Intelligent comes on the stand and pro-
fesses himself to be unable to decide the case III the
evidetce regardless OF his previously formed impress
sions, the judge subjects hn to ,cathing examna-
ton III trying TO get out OF jury duty he bas to
commit fearful perjury. As the defence have only
two challenges lett the jury should be completed to-
day.